The Court of Appeal today dismissed the appeal brought by Mr and Mrs Stoute in Stoute v News Group Newspapers.
Mr and Mrs Stoute argue that they have a reasonable expectation of privacy in respect of photographs taken of them by paparazzi on a public beach and published by News Group Newspapers in The Sun on Sunday. Johnson J refused their application for an interim injunction to restrain further publication of the photographs pending the trial, finding that Mr and Mrs Stoute were unlikely to establish that they had a reasonable expectation of privacy.
The Court of Appeal, with Arnold LJ giving the leading judgment, held that Johnson J made no error in concluding that it was unlikely Mr and Mrs Stoute would be able to establish that they had a reasonable expectation of privacy in respect of the publication of the photographs. Alternatively, he had made no error in concluding that the balance of the risk of injustice favoured the refusal of the interim injunction.
The judgment is available here. A 5RB case report will follow.
William Bennett KC and Victoria Jolliffe appeared for the Appellants, Mr and Mrs Stoute, instructed by Simon Burn Solicitors. Adam Wolanski KC and Hope Williams appear for the Respondent, News Group Newspapers, instructed by Wiggin.